Hutto Man Sentenced To 20 Years For Intoxication Manslaughter

AUSTIN, TX — A Hutto man this week entered a guilty plea for intoxication manslaughter — and subsequently sentenced to 20 years in prison — in an incident that resulted in a pedestrian's death in Austin.

Darrell Shane Smitty, 53, pleaded also pleaded guilty to failure to stop and rendering aid after running over Ernesto Garcia, 40. Visiting Judge Mike Lynch rendered the guilty sentence in the 299th District Court.

The case dates to the morning of Aug. 1, 2018, when Garcia was walking towards a bus stop near Ben White Boulevard and South First Street, prosecutors said. While passengers were boarding the bus, witnesses say a pick-up truck drove onto the sidewalk and struck Garcia, according to the Travis County District Attorney's Office.

Related stories:

• Arrest Made In Fatal South Austin Hit-And-Run
• Police Seek Driver In South Austin Hit-And-Run Death

Prosecutors said the truck came to a halt after crashing into a trash can, and Capital Metro video showed Smitty getting out of his truck before walking over to the man he had hit. He then returned to his truck and fled the scene, officials said. Garcia died from his injuries.

That same day, prosecutors said, Smitty went to Dell Seton Medical Center for medical treatment. Police investigators were able to track him to the hospital the following morning to effect his arrest, prosecutors said.

The case was prosecuted by Travis County Assistant District Attorney Matthew Foye with the Vehicular Crimes Special Prosecution Unit.

“This case serves as a tragic reminder that everyone has a responsibility for each other’s safety on the roads of our community and that everyone has a legal duty to remain at the scene of a collision, Foye said. "If you do not remain, you can and will face an additional criminal charge for leaving."